2016 -- H 7168

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

____________

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- MOBILE TELEPHONE USE

     Introduced By: Representatives Fogarty, Tanzi, Carson, Hull, and Johnston

     Date Introduced: January 14, 2016

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

      SECTION 1. Chapter 31-22 of the General Laws entitled "Miscellaneous Rules" is

hereby amended by adding thereto the following section:

     31-22-31. Mobile telephone usage by motor vehicle operators. – (a) For purposes of

this section, the following terms shall have the following meanings:

     (1) "Engage in a call" means talking into or listening on a hand-held personal wireless

communication device, but does not include holding a hand-held personal wireless

communication device to activate, deactivate or initiate a function of such telephone.

     (2) "Hands-free accessory" means an attachment, add-on, built-in feature, or addition to a

personal wireless communication device, whether or not permanently installed in a motor vehicle,

that, when used, allows the vehicle operator to maintain both hands on the steering wheel.

     (3) "Hands-free personal wireless communication device" means a hand-held personal

wireless communication device that has an internal feature or function, or that is equipped with an

attachment or addition, whether or not permanently part of such hand-held personal wireless

communication device, by which a user engages in a call without the use of either hand, whether

or not the use of either hand is necessary to activate, deactivate or initiate a function of such

telephone.

     (4) "Hand-held personal wireless communication device" means a personal wireless

communication device with which a user engages in a call using at least one hand.

     (5) "Immediate proximity" means the distance that permits the operator of a hand-held

personal wireless communication device to hear telecommunications transmitted over such hand-

held personal wireless communication device, but does not require physical contact with such

operator's ear.

     (6) "Mobile telephone" means a personal wireless communication device, analog,

wireless or digital telephone capable of sending or receiving telephone communication without an

access line for service.

     (7) "Public utility" means a business that provides electricity, natural gas, water, and

communications and other information services to residential and commercial customers.

     (8) "Using" or "use" means holding a hand-held personal wireless communication device

to, or in the immediate proximity of, the user's ear.

     (b)(1) Except as otherwise provided in this section, no person shall operate a motor

vehicle, while using a hand-held personal wireless communication device to engage in a call

while such vehicle is in motion.

     (2) An operator of a motor vehicle who holds a hand-held personal wireless

communication device to, or in the immediate proximity of, their ear while such vehicle is in

motion is presumed to be engaging in a call within the meaning of this section. The presumption

established by this subdivision is rebuttable by evidence tending to show that the operator was not

engaged in a call.

     (3) The provisions of this section shall not be construed as authorizing the seizure or

forfeiture of a hand-held personal wireless communication device, unless otherwise provided by

law.

     (4) Subsection (b)(1) of this section shall not apply to:

     (i) The use of a hand-held personal wireless communication device for the sole purpose

of communicating with any of the following regarding an emergency situation: an emergency

response operator; a hospital, physician's office or health clinic; an ambulance company; a fire

department; a police department; or a public utility; or

     (ii) Any of the following persons while in the performance of their official duties and

within the scope of their employment: a peace officer, as defined in §12-7-21, a firefighter or an

operator of an ambulance or authorized emergency vehicle, or the operator of a taxi cab, tow

truck or bus without passengers; or employees or agents of a public utility; or

     (iii) The use of a hands-free personal wireless communication device.

(c) Any person who violates the provisions of subsection (b)(1) of this section shall be

fined not more than one hundred dollars ($100) except that the fine shall be suspended for a first

time violator, who provides proof of acquisition of a hands-free accessory subsequent to the

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violation, but prior to the imposition of a fine.

     SECTION 2. This act shall take effect on June 1, 2017.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- MOBILE TELEPHONE USE

***

     This act would prohibit the use of a non-hands-free personal wireless communication

device while operating a motor vehicle, except for public safety personnel or in an emergency

situation, and would provide for monetary fines for violations.

     This act would take effect on June 1, 2017.

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